January 2024 Digital Issue of HR Professionals Magazine by Cynthia Thompson

Volume 14 : Issue 1

www.HRProfessionalsMagazine.com

Labor and Employment Law

2023 Pinnacle Award Winners

NLRB Issues New Rule

2023

Employment Law Review

Johnny C.

Taylor, Jr. President and CEO of SHRM

Meet the Southeast SHRM

Field Services Directors

Criminal Records Searches • Verifications • Drug Screening • Credentialing • Driver Services • Monitoring • & Much More!

Is Your Background Screening Vendor Melting Away? Experienced U.S. Based Staff

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can

I CAN’T BE A LEADER IN HR

EARN YOUR M.S. IN HUMAN RESOURCE MANAGEMENT. SHRM SPECIALITY CREDENTIAL INCLUDED.

Learn more. wgu.edu/hrpro

Join our monthly webinars to earn SHRM and HRCI recertification credits.

Bringing Human Resources & Management Expertise to You

83%

of U.S. workers suffer from work-related stress. www.HRProfessionalsMagazine.com

Editor Cynthia Y. Thompson, MBA, SHRM-SCP, SPHR Publisher

The Thompson HR Firm, LLC Art Direction

Park Avenue Design Marketing and Social Media Specialist

Julie Nagem

Project Specialist

Liz Rogers

Photographer

Charles B. Thompson Webmaster

Leo Dimilo

Contributing Writers William Brown Harvey Deutschendorf Dale Conder Jr. Amy Dufrane Ashley Dugger Tim Garrett Howard Jackson Tim Keck Darlene Miranda Nick Pearce Goran Trajkovsik Hunter Yoches

Contact HR Professionals Magazine: To submit a letter to the editor, suggest an idea for an article, notify us of a special event, promotion, announcement, new product or service, or obtain information on becoming a contributor, visit our website at www.hrprofessionalsmagazine.com. We do not accept unsolicited manuscripts or articles. All manuscripts and photos must be submitted by email to Cynthia@hrprosmagazine.com. Editorial content does not necessarily reflect the opinions of the publisher, nor can the publisher be held responsible for errors. HR Professionals Magazine is published every month, 12 times a year by the Thompson HR Firm, LLC. Reproduction of any photographs, articles, artwork or copy prepared by the magazine or the contributors is strictly prohibited without prior written permission of the Publisher. All information is deemed to be reliable, but not guaranteed to be accurate, and subject to change without notice. HR Professionals Magazine, its contributors or advertisers within are not responsible for misinformation, misprints, omissions or typographical errors. ©2024 The Thompson HR Firm, LLC | This publication is pledged to the spirit and letter of Equal Opportunity Law. The following is general educational information only. It is not legal advice. You need to consult with legal counsel regarding all employment law matters. This information is subject to change without notice.

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Features

Employee Benefits

2 Is Your Background Screening Vendor Melting Away?

18 2024 Greater Memphis Employee Benefits Council Board of Directors

5 note from the editor

20 Navigating Federal and Public Healthcare Avenues for Employees

6 Profile – Johnny C. Taylor, Jr., SHRM President and CEO 9 Charting a Humane AI Course for HR 10 SHRM 2023 Pinnacle Awards 36 SHRM Field Services Team Serving the Southeast 40 SHRM State Council Government Affairs Directors in the Southeast

Talent Management and Recruiting 14 HR Compliance Resources 16 5 Reasons to Consider Changing Your Background Screening Partner 24 Make Workplace Wellness Your New Year’s Resolution 30 Five Top Tips for Living in Turbulent Times 34 Earned Wage Access: Driving Financial Responsibility Through Pay Flexibility 43 3 Ways to Reframe Failure at Work

22 Using Workforce Insights to Inform Your 2024 Strategic Initiatives for Benefits 23 McGriff More Insights 32 Questions to Guide Strategic Benefits Decisions

Employment Law 12 2023 Best Lawyers and Recipients of Chambers and Partners Recognition 26 Highlights (Or Lowlights) from 2023 28 NLRB Issues New Rule Broadening Joint-Employer Status 38 What is in Store for Employers Under the EEOC Proposed Enforcement Guidance?

Top Educational Programs for HR Professionals 3 Earn Your M.S. In Human Resource Management at WGU

25 Save 20% on HRCI Courses in 2024 31 Safehaven Security Group – Schedule Your Life-Saving Training Today 37 Your Professional Development Matters

SHRM Conferences Update 7 2024 SHRM Talent Conference & Expo in Las Vegas & Virtual April 14-17 8 SHRM-Atlanta SOAHR 2024 April 17-18 17 2024 HR Business Leadership & Strategy Conference in Nashville February 9 42 ARSHRM Employment Law and Legislative Affairs Conference in Little Rock April 11-12 44 SHRM24 in Chicago June 23-26 February 2024 Issue Features Employment Law Updates Deadline to reserve space January 15

15 Elevate Your Leadership Skills with a SHRM Seminar 19 Gain Unlimited Skills with SHRM e-Learning 21 University of Illinois School of Labor & Employment Relations Online Degree

Join our monthly webinars to earn SHRM and HRCI recertification credits.

a note from the editor

Welcome to 2024! Can you believe it? We loved seeing you and covering the SHRM conferences in the Southeast in 2023! We also love covering the annual SHRM Conference. It’s time for you to start planning which SHRM Conference you want to attend in 2024, so that you can include them in the HR budget. Make plans now to attend SHRM24 in Chicago June 23-26. Chicago is a fabulous city to visit. Get your tickets early! We can’t wait! (SHRM.org/SHRM24-janpro)

Photo credit: JaySi

If you are looking for recertification credits for your SHRM certification HRCI certification, we’ve got you covered. Stay tuned for the details of our upcoming webinars on Tuesdays and Thursdays. Special thanks to Data Facts who sponsors my monthly complimentary webinars. Our next webinar is January 26. Watch your email for your invitation. Please mark your calendars and plan to join us.

Best wishes for a happy, healthy, and prosperous 2024!

We were honored in 2023 to partner with SHRM to bring you each chapter of Talking Taboo: Making the Most of Polarizing Discussions at Work by SHRM’s Chief Knowledge Officer, Alexander Alonso. This book is a must-read for all HR professionals! You may print each chapter or read it in our digital issues. We are SO excited to have SHRM President and CEO, Johnny C. Taylor, Jr., on our January cover. It is the perfect way to kick off 2024! We have more exciting covers planned in the coming year to feature the movers and shakers in the HR community in the Southeast who have made a difference in our industry.

cynthia@hrprosmagazine.com @cythomps

www.HRProfessionalsMagazine.com

Johnny C. on the cover

TAYLOR, JR.

Johnny C. Taylor, Jr., SHRM-SCP

President and Chief Executive Officer of SHRM Mr. Taylor’s career spans over 20 years as a lawyer, human resources executive and CEO in both the not-for-profit and for-profit space. He has held senior and chief executive roles at IAC/Interactive Corp, Viacom’s Paramount Pictures, Block-

Johnny C. Taylor, Jr., SHRM-SCP, is President and Chief Executive Officer of SHRM. With nearly 325,000 members in 165 countries, SHRM impacts the lives of more than 235 million workers and families globally. As a global leader on the future of employment, culture and leadership, Mr. Taylor is a sought-after voice on all matters affecting work, workers, and the workplace. Recently named one of the “Most Influential People Shaping Public Policy” in our nation’s Capital by the Washingtonian Magazine, Mr. Taylor is frequently asked to testify before Congress on critical workforce issues and authors the weekly USA Today column, “Ask HR.” He is the author of the national bestseller, RESET: A Leader’s Guide to Work in an Age of Upheaval, which delivers a candid and forward-thinking vision for leaders to reimagine their company cultures in a time of global upheaval and presents data-driven strategies to make the necessary foundational reset of all things

buster Entertainment Group,

work. Immediately upon its release in September 2021, RESET was in the top three of the Wall Street

the McGuireWoods law firm,

Journal’s list of best-selling hardcover business books. All author proceeds benefit the SHRM Foundation,

and Compass Group USA. Most recently, Mr. Taylor was President

which is committed to empowering HR as a social force for change. Mr. Taylor sits on several corporate boards, including as Lead Independent Director of XPO Logistics (NYSE: XPO) and as an Independent Director of Guild Education and Flores & Associates. In addition, he

and Chief Executive Officer of the

dedicates himself to non-profit organizations, serving as Vice Chair of the Board of Trustees of the University

Thurgood Marshall College Fund.

of Miami and as a Trustee of the United Way Worldwide. Mr. Taylor was appointed chairman of the President’s Advisory Board on Historically Black Colleges and Universities and as a member of the White House American Workforce Policy Advisory Board during the Trump Administration. The Women Business Collaborative (WBC) named Mr. Taylor as one of its 2023 Trailblazers in Gender Equity and Diversity for his work to achieve equal position, pay and power for all women in business. In 2020, he received the Distinguished Executive of the Year Award from the Academy of Management, and he was named 2021 ALA Professional Society CEO of the Year by CEO Update. He is a Fellow of the National Academy of Human Resources and is licensed to practice law in Florida, Illinois and Washington, D.C. 

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Employees are 83% less likely to be actively looking for a new job if they rate their organization’s culture as “good” or “excellent.” Obtain new tools and strategies to foster employee engagement, create a positive workplace culture and retain your top talent Join us at the SHRM Talent Conference & Expo 2024 (Talent 2024), April 14-17 in Las Vegas or virtually, to ensure your organizational success.

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*”The State of Global Workplace Culture in 2023.” SHRM, 2023.

Great content is in store for • Thought leadership to build and shape organizational culture • Mental wellness techniques for professionals and your teams • Practical guidance on AI for HR • Peer idea sharing on upskilling and employee development • Timely insights for talent planning and management • Workshops to help you advance inclusion

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Charting a Humane AI Course for HR By G ORAN TRAJKOVSKI, PH.D. and ASHLEY DUGGER, DBA, SHRM-CP

In an era where artificial intelligence is advancing rapidly, even into areas as profoundly human as HR, the need to ensure that AI aligns with our cultural values becomes increasingly imperative. Rather than seeing technology as a looming adversary threatening workplace trust, we introduce the HEART methodology as a visionary approach to transform intelligent systems into collaborative partners that support our highest ideals. By leveraging AI, HR professionals may find their time allotted to more strategic planning and tasks versus spending valuable time on more administrative or routine responsibilities.

Unlocking Value-Based AI The unchecked adoption of AI in HR poses a genuine threat to the essential human aspects of work, including nuanced judgment calls, understanding cultural nuances, and acknowledging emotional vulnerabilities. For instance, when recruiting algorithms focus solely on qualifications, they risk overlooking exceptional candidates. Similarly, AI’s interpretation of behavioral policies can fall short due to a lack of contextual awareness. However, there’s a better way forward – adopting a balanced approach that combines automation with human collaboration. By infusing humanistic values into AI from its inception, drawing insights from fields like human-centered design, we can ensure that these systems align with our cultural values. This proactive strategy surpasses the need for reactive measures to control technology after it’s already in use.

The HEART of the Matter HEART, our proposed methodology for HR contexts, draws from moral philosophy and learning sciences to embed humanistic principles into AI engineering. It stands on five pillars: Humanism: Anchoring AI in a deep respect for human autonomy and dignity by incorporating cultural values like justice into its very core, ultimately enhancing collective capability. Ethics: Instilling accountability and trust through comprehensive traceability, auditing and external oversight mechanisms built into AI systems before issues arise.

Alignment: Forging a strong connection between AI capabilities and an organization’s cultural mission, ensuring they’re harmonized at the highest levels, not just driven by efficiency. Responsiveness: Empowering AI to adapt dynamically to the ever-evolving workplace environment, learning about cultural needs, emotions and pain points as they evolve. Trust: Establishing trust through transparent communication about AI’s purpose, limitations and data practices from the outset, while inviting constructive feedback.

Bringing Principles to Life: AI in Practice Translating cultural values into AI systems requires more than mere rhetoric - it demands the incorporation of learning design techniques: •P rompt Engineering: HR professionals with technical acumen can shape AI by structuring prompts and responses that infuse cultural values into models. This interdisciplinary collaboration ensures inclusivity is embedded from day one. • Personalized Interactivity: Designing AI interactions that adapt to individual needs and contexts, similar to a skilled teacher, demonstrates respect for employees as the workplace evolves. • Participative Refinement: Extensive collaborative testing workshops that focus on identifying subjective pain points enable employees to actively shape and utilize AI over time. Gathering feedback from diverse groups and regions enables continual improvement. • Ongoing Alignment: Regular transparent reviews assess AI based on evolving criteria, including usefulness, inclusiveness and alignment with cultural values. This keeps systems in tune with changing workplace norms through updated training, rather than relying on opaque recalibration by isolated engineering teams.

A Moral Compass for Progress Elevating intelligent technology to align with cultural values is not just a choice – it’s a moral duty centered on respecting human dignity. AI has the potential to transform workflows, but its role should be as an ally, not a disruptive force or a replacement for human judgment and relationships. With careful guidance, AI can become a collaborator that empowers employees, rather than a constraint with opaque protocols.

This journey will be ongoing and will require extensive cooperation across organizations, functions and disciplines. Yet, the initial steps, guided by compassion, pave the way for a harmonious coexistence of human and technological capabilities. The HEART framework offers a promising path for developing AI together with our cultural values, mutually reinforcing each other’s strengths. Additionally, as we give ourselves and others grace to adapt, learn and do better, we have to approach the use of AI in the same manner – if our AI tools are not operating in the manner which we intended or they are not aligning to organizational and departmental goals and vision, it is up to us to adapt them so they work for us versus against us.

HR Leadership in the AI Era HR leaders possess a unique opportunity to proactively shape AI design before its adoption accelerates further, and to educate their teams, leaders and employees on the planned and tactical usage of AI to earn early buy-in and support for these tools. Their expertise provides a perspective that efficiency-focused pioneers may overlook. By blending tradition with innovation, the HEART framework can help steer AI trajectories that elevate workplace cultures. The future is yet to be written, and it awaits our collaborative authorship. Despite inevitable challenges, progress guided by ethical principles empowers us to create a world where hearts and technologies merge toward horizons beyond our current vision. With vision and values as our guiding stars, we embark on this transformative journey together.

Goran Trajkovski, Ph.D.

Lead Academic Program Manager College of Business Western Governors University goran.trajkovski@wgu.edu wgu.edu

Ashley Dugger, DBA, SHRM-CP

Associate Dean and Director HR Management Programs Western Governors University ashley.dugger@wgu.edu wgu.edu

www.HRProfessionalsMagazine.com

SHRM

2023

PINNACLE AWARDS

The SHRM Pinnacle Award Program, an annual recognition program honoring the highest achievements in affiliate development, celebrates contributions in three categories, Serving the Professional, Advancing the HR Profession and Enhancing the SHRM Community. Each year, SHRM chapters and state councils are encouraged to apply for a Pinnacle Award, which recognizes innovative projects created and implemented by SHRM affiliates. Here are the SHRM State Councils and Chapters in the Southeast who were recognized at the 2023 SHRM Volunteer Leaders’ Business Meeting in November.

Serving the Professional MEGA/SUPER MEGA CHAPTER—SHRM-ATLANTA (GEORGIA) “Demo Days” This initiative was created to meet member and resource-partner needs and showcase tech advances. Each Demo Day has a theme and features a series of 30-minute demos broadcast to registered HR professionals. Materials such as white papers and other company information are shared. About 300 HR practitioners have participated in the demos across five days.

Advancing the HR Profession SMALL CHAPTER—NORTHWEST LOUISIANA SHRM (LOUISIANA) “Northwest Inclusion” Recognizing that lack of language skills can be a barrier to employment, the chapter partnered with Catholic Charities of North Louisiana, which offers an English as a Second Language course, to bridge the communications barrier between employers and the area’s growing Spanish-speaking population. The partnership also helped the chapter develop the language learners’ workforce readiness through resume preparation, explaining cultural differences around workplace expectations, and helping organizations with job advertisements to reach the Hispanic community and other minority populations. The chapter also worked with the Hispanic Heritage Association of Northwest Louisiana and 318 Latino to assist more than 50 individuals with a workforce readiness workshop in July.

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Advancing the HR Profession (cont.) MEDIUM/LARGE CHAPTER—BIRMINGHAM SHRM (ALABAMA) “Operation World Games” The World Games is an 11-day international multi-sport event organized with the support of the International Olympic Committee. The chapter provided trained interviewers to screen, assess, select and place 1,500 volunteers from around the world into jobs supporting the event. The chapter also was a finalist for the 2023 Impact Award for its “Second Chance Hiring Fair.”

STATE COUNCIL—ARSHRM (ARKANSAS) “Legislation Advocacy Makes a Difference” This program focused on communicating legislative issues and initiatives, evaluating and developing the council’s positions on specific bills, developing and communicating talking points and sample letters to legislators, participating in Senate and House committee hearings, and partnering with other organizations.

Enhancing the SHRM Community MEGA/SUPER MEGA CHAPTER—SHRM-MEMPHIS (TENNESSEE) “Creating Engagement Opportunities Across All Human Resources Levels of Experience and the Entire Metropolitan Statistical Area Organizational and Business Community” The chapter’s board, student members, emerging leaders board and executive roundtable were involved in this initiative to create engagement opportunities across all HR levels of experience. Among the initiative’s achievements, the improved quality of programming and marketing attracted larger sponsors such as Kroger, and Q1 membership increased from 597 members to 657.

STATE COUNCIL—GEORGIA STATE COUNCIL “Industry Certification Program: Better Workplaces for a Better World” The Georgia Department of Education approached the state council to assist it in improving workforce readiness skills of students who are enrolled in industry certification programs and promote the highest-quality business and computer science education in Georgia with a curriculum that reflects the changes in business and industry, and in so doing make an investment in workforce talent. The council’s industry certification director led a series of coordinated and intentional activities. Volunteers from 16 Georgia SHRM chapters participated in the program.

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Congratulations to Our Award-Winning Employment Law Attorneys! These outstanding attorneys received recognition from Best Lawyers or Chambers USA in 2023. We are honored to work with them and appreciate their contributions to our publication. If you work these attorneys, please congratulate them.

www.bassberry.com Founded on client service in 1922; Bass, Berry & Sims continues to lead clients through increasingly complex legal challenges. Our highly skilled attorney teams aim to provide a profound understanding of our clients’ businesses and perspective, sound judgment, efficiency and responsiveness to every matter.

Lymari Cromwell

Bob Horton

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Davidson French

Mary Leigh Pirtle

Fritz Richter III

Tim Garrett

David Thornton

www.raineykizer.com Founded in 1975, Rainey Kizer Reviere & Bell is a full service law firm serving clients beyond Tennessee from its offices in Memphis, Martin, Jackson, Nashville, and Chattanooga, Tennessee, and Fulton, Kentucky. As the issues facing employers and HR professionals become more frequent, challenging, and complex each year, you need a law firm that provides advice for your specific organization. For over 45 years, Rainey Kizer Reviere & Bell has advised businesses, non-profit organizations, and governmental agencies in all aspects of employment law. To learn how we can assist your organization, please contact us.

John D. Burleson

Robert O. Binkley, Jr.

Geoffrey A. Lindley

www.wimberlylawson.com At Wimberly Lawson, we are a labor, employment, and liability defense law firm providing representation to businesses and professionals, nationally and internationally. Wimberly Lawson also protects the interests of companies, insurers, and governmental entities. We have offices in Knoxville, Cookeville, and Nashville, Tennessee, and maintain our affiliation with the firms of Wimberly, Lawson, Steckel, Schneider & Stine, P.C., Atlanta, Georgia, and Wimberly and M. Lee Daniels, Jr., P.C., Greenville, South Carolina. Wimberly Lawson Wright Daves & Jones, PLLC is a successor to the labor law practice of the former firm of Mitchell, Clarke, Pate, Anderson & Wimberly, which was founded in 1948 and known for its representation of the Mitchell family and its “Gone with the Wind” movie interests. We serve clients throughout the United States

Fredrick R. Baker

Howard B. Jackson

Andrew J. Hebar

Mary C. Moffatt

G. Gerard Jabaley

Jerome D. Pinn

Jeffrey G. Jones www.HRProfessionalsMagazine.com

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5 Reasons to

Consider Changing Your Background Screening Partner

In today's competitive job market, ensuring that your organization hires the right talent is paramount. Background screening plays a pivotal role in safeguarding your company's integrity and success. As a Human Resource professional, you understand the significance of partnering with a reliable background screening vendor. However, there comes a time when evaluating your vendor relationship becomes imperative for optimal organizational outcomes. Here are five key reasons why you might consider changing your background screening provider:

1. Inconsistent Accuracy and Compliance: Maintaining compliance with evolving regulations is crucial in the realm of background checks. A reliable partner should consistently provide accurate and up-to-date information while adhering to legal standards. If your current vendor has exhibited inconsistencies in accuracy or fails to comply with regulatory changes, it's a red flag. Errors in background checks can lead to hiring mistakes, legal liabilities, and damage to your company's reputation. Transitioning to a vendor with a robust compliance framework can mitigate these risks and ensure reliable, legally compliant results.

2. Poor Turnaround Time and Customer Service: Efficiency is key in the hiring process. Delays in obtaining background check results can hinder your recruitment timelines and impact business operations. Additionally, inadequate customer service, such as unresponsive communication or lack of support, can create frustration and inefficiencies for HR teams. If your current vendor consistently fails to meet agreed-upon turnaround times or lacks proactive and responsive customer service, it may be time to seek a company who prioritizes timely delivery and provides exceptional support throughout the screening process.

3. Limited Technology and Innovation: Advancements in technology have significantly transformed the background screening industry. A forward-thinking vendor should leverage innovative tools and platforms to streamline processes, enhance accuracy, and provide comprehensive insights. If your current vendor

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lags behind in adopting modern technologies, lacks user-friendly interfaces, or fails to offer integrations with your existing HR systems, it might hinder your ability to optimize the screening process. Partnering with a vendor that invests in cutting-edge technology ensures efficiency, accuracy, and a seamless experience for HR professionals. 4. Restricted Screening Services or Global Reach: As businesses expand globally, the need for comprehensive background checks across various regions becomes crucial. If your current vendor offers limited screening services or lacks a global reach, it can pose challenges when hiring for international positions or dealing with candidates from diverse backgrounds. Partnering with a vendor that provides a wide array of screening services tailored to different regions and has a global network ensures thorough vetting of candidates, regardless of geographical boundaries. 5. Cost Inefficiencies and Transparency: Transparency and cost-effectiveness are essential elements in any vendor relationship. Hidden fees, unclear pricing structures, or unexpected additional costs can disrupt budget planning and strain resources. Evaluating the overall cost efficiency of your current vendor against the value they provide is essential. If your vendor lacks transparent pricing, imposes unnecessary expenses, or fails to justify the costs with quality service, exploring alternative vendors that offer transparent pricing models and clear value propositions may be beneficial.

Re-evaluating your background screening vendor is a strategic decision that impacts your organization's hiring processes, compliance, and overall success. As HR professionals, prioritizing accuracy, efficiency, compliance, technological innovation, global reach, and transparent cost structures is vital when considering a change in vendors. By choosing a provider that aligns with these key factors, you can enhance your screening process, mitigate risks, and ultimately contribute to the recruitment of top-tier talent for your organization's success.

Data Facts | www.datafacts.com

Board Members present L to R: Jimmy Madeksho – McGriff Insurance Services Ted Archdeacon – City of Bartlett Hal Stansbury – Hub International Preston Cox – Unum Lia Lansky – Baptist Memorial Healthcare Esha Iupe – Hub International ***Board Members not present Jonathan Frisch – McGriff Insurance Services Trinette Small – HC TN OneVoice Cayce Graham – City of Bartlett

The Greater Memphis Employee Benefits Council (GMEBC) is a non-profit organization which serves as a forum for sharing ideas and information. The Council meets normally on the first Thursday of every other month throughout the year. At each meeting a guest speaker addresses a current employee benefit topic, ranging from information management to pharmaceutical spend and everywhere in between. The monthly programs provide an opportunity for meeting other members of the Council to discuss problems and share ideas. It’s a great networking tool for developing relationships within the Memphis benefits community. The mission of the Greater Memphis Employee Benefits Council is to advance employee benefits, refine professional skills, and through each of its members, provide a higher quality of service to the community. The GMEBC was organized in 1977 with this in mind and it is our goal to continue these consistent aims in the world of ever-changing benefit needs among the employees we serve.

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Gain unlimited skills with SHRM eLearning Career development doesn’t have to happen in a classroom. With SHRM’s interactive eLearning education portal, you can learn at your own pace. From Employee Experience to Virtual Talent Acquisition, explore a wide range of programs tailored to your organization’s needs and your career goals, including: • Benefits and Compensation • Inclusion, Equity and Diversity • Employment Law and Compliance • People Analytics • And more!

Download the SumTotal Mobile app in the Apple App Store or in Google Play. Then, enter education.shrm.org and log in. SHRM and our partners offer training you need to enhance your expertise in critical areas of HR and specific behavioral competencies. Access our catalog of thousands of eLearning courses anytime, anywhere.

shrm.org/DigitalLearner

Navigating Federal and Public Healthcare Avenues for Employees: Better Coverage and Lower Costs Employers can expect to cover around 70% of healthcare costs, with claims for major events such as ESRD, ALS, cancer, and Medicare-age claims increasing by 12-14% per year. During critical events like disability or retirement, many employees are often unaware of the benefits available to them, which can result in significant costs for both employee and employer. FEDlogic’s mission is to bridge this information gap by providing unbiased expert guidance to help families navigate through complex federal policies. By educating individuals on their healthcare options, many discover alternative avenues with better coverage and lower costs. Employers who use FEDlogic's services can save an estimated $26,400 per transition from the group health plan. Sources: [Social Security Administration Publication No. 05-10029 (2021) ssa.gov]. [Perr & Knight, independent actuarial analysis conducted for FEDlogic, LLC. (2023)]

A TEAM OF EXPERTS All FEDlogic experts have held technical and leadership roles with the Social Security Administration and understand policies from the inside out.

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Using workforce insights to inform your 2024 strategic initiatives for benefits. By NICK PEARCE

It’s

likely that many of you just wrapped up open enrollment season in the 4th quarter of 2023. First, congratulations on making it through to the other side! But don’t turn the page on 2023 just yet. Open enrollment is unique because it’s usually one of the only times each year that you have the attention of your entire workforce at once. The first quarter of a new plan year is an excellent time to review the outcomes of these decisions and see how they compare to what you had forecasted for the upcoming year. During open enrollment, your employees' elections illustrate their preferences and what they value the most within your benefit offerings. For example, if you forecasted that a large segment of your population would elect a new voluntary benefit offering this year, but it wasn’t as popular as you had hoped, it would be helpful to understand the trend so that you can adjust your go-forward strategy for the remainder of the year. Use this data to your advantage! It can enhance employee satisfaction, align future offerings to their needs, and even measure the effectiveness of your communication strategy. Conducting a post-open enrollment analysis is one of the best ways to chart your path to accomplish these goals. An analysis will provide your team valuable information to help shape the organization’s benefits strategy moving forward. Most of the time you can rely on the data to simply confirm the direction you are heading, and course correct to any minor differences in experience versus your expectations. Perhaps you updated your plan offerings to add an additional plan, or maybe you adjusted your employee contribution strategy to entice employees to migrate to a more cost-effective plan offering. Whatever the goal, take a moment to review the data to tell you how close you were in achieving your desired outcomes. If you were successful, identify the most likely reasons for this success and use these strategies for future initiatives. If you fell short, take a moment to understand why and how you can do better in the future.

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As you know, financial considerations are an important component of benefits management. Changes in year-to-year enrollment can influence previously forecasted budgets and knowing what happened can help you respond to those differences early in the year. By reviewing employee selections, you can compare the cost effectiveness of certain plan options and re-forecast how they will affect the benefits budget in 2024. Of course, the data can tell you more than just the financial impact. Understanding the level of employee engagement with new voluntary benefit offerings or certain well-being or technology solutions can help you refine your communication and benefits education strategy. This simple practice can help ensure the success of these programs you undoubtedly did a lot of work to evaluate and implement last year. This will help you gain a deeper understanding of which benefits resonated with employees and which were not as well received or understood. Open enrollment is important, but it’s only the start of a successful benefits communication and education strategy. The sooner you can identify the trends, the better you’ll be able to react to them. In an ever-changing work environment, doing periodic workforce analyses is an important strategic tool for future planning. By listening to your workforce, tracking trends in demographics and preferences, employers can adapt their strategy to stay ahead of the curve. By employing a forward-looking approach you’ll be sure to keep your benefits package relevant and attractive in a competitive job market. It might just be the difference in your talent retention and recruitment efforts this year.

Nick Pearce, ASA, MAAA, FCA

VP, Healthcare Actuary EB Insights & Analytics Practice Leader McGriff npearce@McGriff.com

McGriff MORE InsightsTM

Transform your employee benefits from an expense to a competitive advantage. Our proprietary approach helps you quantify and achieve optimal plan performance across four key areas of your employee benefits program — Managing Costs, Operational Efficiency, Risk Mitigation and the Employee Experience by answering three key questions: • How is your organization doing? • Where should you aim? • What’s the value in getting there? By optimizing benefit plan selection, design, management, and employee engagement, McGriff MORE Insights can help turn your benefits program into a real differentiator that aligns with your organization’s culture and business objectives. Visit McGriff.com to learn more.

2024

Make Workplace Wellness Your New Year’s Resolution By DR. AMY S. DUFRANE, SPHR

Did you know that the ancient Babylonians are attributed with being first to make New Year’s resolutions, over 4,000 years ago? Julius Caesar established January 1 as the beginning of the new year, encouraging Romans to make promises for good conduct in the new year. Fast-forward to modern times and resolutions include gym memberships and promises to reform daily diets. Although the tradition of celebrating the New Year’s roots involved offering prayers to deities and paying one’s debts, there’s no doubt that it is still the logical time to set goals and strive to do better. In my opinion, it’s also the time for HR professionals to check on the wellbeing of the workforce and ensure the appropriate solutions are in place. Occupational health and safety management have always been the purview of HR; however, the corresponding individual and organizational risks given the range of opportunities for hazards has never been greater. Numerous studies have been conducted about workplace stressors and the facts are indisputable: organizations and economies lose a trillion dollars due to absenteeism, low productivity, and heathcare attributed to stress. Of that trillion, U.S. entities spend more than $300 billion in costs associated with workplace stress. According to Gallup’s State of the Global Workplace, U.S. workers are among the most stressed in the world. It goes without saying that the lasting impact of the global pandemic made this trend escalate, not improve. Consider the numbers1: • Eighty-three percent of U.S. workers suffer from workrelated stress. • About one million Americans miss work each day because of stress. • Depression-induced absenteeism costs U.S. businesses $51 billion a year. • Companies spend around 75 percent of a worker’s annual salary to cover lost productivity or to replace workers. This same study goes onto examine the top causes of workplace stress, such as changes in leadership, being unclear about management’s expectations, workload and ineffective company communication. Workplace stress is cited as emotionally draining and over 40 percent of the respondents in the study agreed it was impacting their mental health. Women described their stress levels as 5.1 (on a scale of one to ten) and 62 percent of working women in the U.S. and Canada reported daily feelings of stress compared to 52 percent of men. No one wins under these circumstances. The quality of work declines. Turnover increases. Disengaged employees frustrate loyal customers. And the employer brand that took years to develop diminishes with each passing day. There’s good news on the horizon, especially as HR plans for a successful year ahead. Creating awareness and prioritizing workplace wellness are the primary drivers to minimizing stress in the workforce. These factors are within control of the organization and its leadership. ISO 45003:2021 24

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Occupational Health and Safety Management standards provide a comprehensive guide for organizations to assess the risks of workplace stressors. These workplace stressors typically emanate from three sources: • how work is organized (roles and expectations, autonomy, job demands, organizational change management, remote work, workload/pace, working hours and schedules, job security and precarious work) • social factors (interpersonal relationships, leadership, organizational culture, recognition/reward, career development, support, supervision, civility/respect, work-life balance, harassment) • the work, resources, tools, and general environment (work environment, equipment/technology, hazardous tasks) Now for more good news: HRSI – the Human Resource Standards Institute an organization-level companion to HRCI’s individual certifications – has created a certification in workplace wellness. The purpose of the Workplace Wellness Certification is to validate the organization’s duty of care for its workforce. Achieving the HRSI Workplace Wellness Certification signals a commitment to current and prospective talent that the organization offers a healthy and supportive work environment. Benefits for this certification are realized by the employees and the organization, including: • Employee satisfaction and retention • Productivity and performance • Corporate image and reputation • Compliance and legal requirements • Attracting top talent • Cost savings • Increased innovation • Risk management by identifying and mitigating stressors The HRSI certification assesses the respective organization’s continual improvement process for identifying and managing the organizational risks and opportunity factors that contribute to an environment positively impacting workforce wellness. Earning it demonstrates the organization’s duty of care to workplace wellness, including the ability to identify signs of explore to psychosocial risks, the monitoring and management of change and the processes for corrective actions. We’re proud to roll out HRSI’s new Workplace Wellness Certification to our community of HR professionals and their organizations. As HR professionals, leading the wellness of our workforces is one of our most important initiatives and being guided by ISO’s world-class standards through HRSI’s newest certification is the resolution we can all keep. 1 Zippia. "40+ Worrisome Workplace Stress Statistics [2023]: Facts, Causes, And Trends" Zippia.com. Feb. 11, 2023, https://www.zippia.com/advice/workplace-stress-statistics/

Amy Schabacker Dufrane, Ed.D., SPHR, CAE, is CEO of HRCI® — HR Certification Institute, and is the founder and CEO of HRSI — HR Standards Institute, where she is responsible for driving and disrupting the conversations about building high-performing, strategic HR teams. An engaging thought leader at the intersection of talent strategy and continuous learning, Dr. Dufrane is an award-winning leader and celebrated keynote speaker on the human side of successful business strategy in the 21st century.

Save 20% on HRCI® Courses in 2024

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The three courses comprising our certificate were developed in accordance with the International Organization for Standardization’s guidance on diversity and inclusion for organizations (ISO 30415:2021).

• Fostering an Inclusive Culture • Assessing Diversity and Inclusion • Hiring and Retaining Diverse Talent Earn 12 general HR credits towards any of HRCI’s eight credentials, including SPHR® and PHR®.

Visit learn.hrci.org and use code HRMAG24 to claim your discount at checkout. HRCI’s learning catalog features 250+ courses and certificates. This will expire expire on on January October 31,2024 2023atat at 11:59pm pmET ET and cannot be combined with any other promotions. January31, 31, 2024 11:59 pm ET and cannot combined with any other promotions. This offer offer will 11:59 and cannot bebe combined with any other promotions.

Highlights

(Or Lowlights)

From 2023

By HOWARD JACKSON

Obviously too much happened in 2023 to be summarized in one short article. Here we take a look at some of the more significant happenings that created additional burdens or risks for employers. Accommodations Abound There were two significant developments in the area of accommodation, one from the U.S. Supreme Court that involves religion, and the other from Congress and the EEOC by way of the Pregnant Worker Fairness Act and the EEOC’s proposed implementing regulations. They are discussed in turn below. In Groff v. DeJoy, a case that involved a postal carrier for the U.S. Postal Service, the Supreme Court changed the analysis for religious accommodation requests. For years courts had held that employers were not required to incur more than de minimis cost to accommodate an employee’s religious practice. Using the de minimis burden standard, the courts below had held that the U.S. Postal Service was not required to accommodate Groff’s request not to work on Sundays. The Supreme Court reversed. In so doing the Court ruled that to prove undue hardship an employer must show that the requested accommodation would impose a substantial burden in the overall context of the employer’s business. This will require a fact specific inquiry in situations where a solution is not obvious. What is obvious is that the bar for establishing the undue hardship defense is now higher.

proposed regulations contain certain requirements specific to accommodation under the PWFA, however. One provides that leave may not be the accommodation if there are other accommodations available. Another one states that an employer must temporarily accommodate the employee’s inability to perform an essential function if the employee will be able to perform that function in the “near future”. The regulation then says the “near future” means within forty (40) weeks. This provision, if it remains in the final regulations, would cause a significant burden for employers. Continuing in that vein, one of the factors listed for consideration in the undue hardship analysis is whether another employee, a temporary service or other third party can be hired to perform the essential function. This regulation apparently contemplates that the employee who requested accommodation will continue coming to work and be excused from performing an essential function of the job, while the employer pays someone else to perform that function. If this provision remains in the final regulations, it will place a burden on employers well beyond any required accommodation under the ADA. Under the ADA, the purpose of an accommodation is to enable the employee to perform essential functions, not excuse performance of those functions.

The Pregnant Workers’ Fairness Act (“PWFA”) requires covered employers to provide reasonable accommodation to a qualified applicant or employee for the known limitations arising out of pregnancy, childbirth, or related medical conditions, unless there is an undue hardship. The EEOC has issued proposed regulations implementing the provisions of the PWFA.

DEI is not dead. In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College the U.S. Supreme Court held that colleges cannot use race as a consideration for admission. While this is not an employment law case, it has led to questioning about DEI programs with employers. In fact, Attorneys General for 13 states sent letters to the CEOs Fortune 100 companies reminding them of their obligation not to discriminate against anyone on the basis of race. The letter specifically referenced employers discriminating under the umbrella of DEI programs.

Under the proposed regulations, communication about the condition can come from the applicant or employee, or their representative. An employer may create a form but cannot require that requests be made in writing.

Despite the uproar, DEI efforts are not dead nor is there reason to think that will be the case. Now, as before, poorly constructed, or poorly implemented DEI programs can lead to the risk of unlawful decisions. That has always been the case.

The definition of a condition that is related to pregnancy, childbirth or related medical condition is very broad. For example, they include fertility, infertility treatments, postpartum depression or anxiety, lactation, and issues arising out of lactation.

On the other hand, well-conceived and carried out DEI programs can lead to greater employee engagement, satisfaction, and loyalty. They can provide tangible benefits for the organization.

The accommodation analysis is similar to that under the ADA. The 26

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DEI programs can include efforts toward creating a respectful workplace, education and events that promote inclusion, training

regarding discrimination and harassment, and many other subjects. DEI programs should avoid creating quotas related to any protected status and should be clear about promoting lawful decision-making criteria for hiring, promotion and all workplace decisions. In short, DEI, like many other things, is risky if done wrong and can be very beneficial when done right. NLRB changes the rules in a big way. In Cemex Construction Materials Pacific, LLC, a decision issued in August of 2023, the National Labor Relations Board (“Board”) changed the rules regarding recognition of the union as bargaining representative in two very significant ways. First a little background. It has long been the case that a union can be voluntarily recognized without an election. The union may present evidence of its majority status in an appropriate bargaining unit to an employer. The employer may review the evidence and if it indeed evidences that most of the employees desire representation, the employer may voluntarily recognize the union. On the other hand, before the Cemex case, the rule for many decades was that the employer could refuse to review the evidence of majority status and refuse to recognize the union. In that case, the union could seek an election with the Board. Cemex changes that process by holding that if an employer declines to recognize a union based on evidence of its majority status, then the employer must seek an election with the Board. The employer must do so within two weeks. Otherwise, the union will be considered to represent the employees and an employer who declines to recognize and bargain with the union will be committing an unfair labor practice.

The Cemex decision drastically changed the rules that apply when an election is held after a union proffered evidence of majority status to an employer who declined recognition and sought an election. In that situation, if the union loses the election and the Board finds that the employer committed unfair labor practices that impacted the vote, then the Board will not hold another election. Instead, the Board will rely on the pre-election evidence of majority status and order the employer to bargain with the union. This is a tremendous change from the Board’s previous practice, which generally resulted in a second election except when the Board found that the employer had committed such numerous and damaging unfair labor practices that a fair rerun election was not possible. Recently, the General Counsel for the Board, Jennifer Abruzzo, has commented that even one unfair labor practice committed during the election period may be enough to overturn the election and order the employer to recognize the union. This creates a very precarious situation for employers who are in an organizing campaign. They must be even more careful than before to craft their messages appropriately and to train their management team well to avoid committing unfair labor practices during the campaign.

Howard B. Jackson, Regional Managing Member

Wimberly Lawson Wright Daves & Jones PLLC Knoxville, Tennessee office hjackson@wimberlylawson.com

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NLRB Issues New Rule Broadening Joint-Employer Status By TIM K. GARRETT & HUNTER YOCHES

The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA). The new rule, which the NLRB recently voted to delay by two months and is now set to go into effect on February 26, 2024, drastically broadens the scope of who can be considered a joint employer under the NLRA.

Background In 2015, the Obama NLRB issued its decision in Browning-Ferris Industries of California, Inc., which overturned years of precedent by dramatically expanding the definition of joint employer and resulting in many more independent companies being treated as joint employers. Under this decision, two entities could be deemed to be joint employers based only on the existence of reserved joint control, indirect control, or control that was limited and routine. This decision had a potentially broad impact on, for example, franchisors who exercised operational control over franchisees and, thereby, control over the employees of such franchisees. In 2020, the Trump NLRB issued a rule backing off the BrowningFerris Industries decision and signaling that joint-employer status would be found only where a company exercises “substantial direct and immediate control” over the essential terms and conditions of another company’s employees.

New Rule The new rule issued by the Biden NLRB not only overturns the Trump NLRB’s rule but also broadens the standard announced in the BrowningFerris Industries decision. This new rule does bring back the “indirect, reserved” control standard and also provides that indirect or reserved control standing alone will establish joint-employer status, even if not exercised, thus expanding the Browning-Ferris Industries standard. According to an NLRB press release: “Under the new standard, an entity may be considered a joint employer of a group of employees if each entity has an employment relationship with the employees and they share or codetermine one or more of the employees’ essential terms and conditions of employment, which are defined exclusively as: (1) wages, benefits, and other compensation; (2) hours of work and scheduling; (3) the assignment of duties to be performed; (4) the supervision of the performance of duties; (5) work rules and directions governing the manner, means, and methods of the performance of duties and the grounds for discipline; (6) the tenure of employment, including hiring and discharge; and (7) working conditions related to the safety and health of employees.” 28

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The release further states that under this new standard, it will be easier for the NLRB to impose joint-employer findings: “[T]he 2023 rule considers the alleged joint employers’ authority to control essential terms and conditions of employment, whether or not such control is exercised, and without regard to whether any such exercise of control is direct or indirect. By contrast, the 2020 rule made it easier for actual joint employers to avoid a finding of joint-employer status because it set a higher threshold that a putative joint employer must ‘possess and exercise . . . substantial direct and immediate control’ over essential terms and conditions of employment, which has no foundation in common law.” Most notable is the impact that this rule may have on franchisors and businesses that use staffing agencies. A franchisor or staffing agency user may be required to negotiate with unionized workers under the NLRA when it controls their pay, benefits or other key job terms. This applies whether the alleged joint employer wields that power itself or through another entity, such as a staffing agency, and whether it has used that power or merely retains the authority to use it.

Takeaway This new rule will significantly increase the number of entities that may be deemed joint employers. With such a determination, those business will end up sharing responsibility for complying with the NLRA as relates to those “joint” employees, including sharing risk for unfair labor practices and sharing responsibility to recognize and bargain with a union representing those employees. Accordingly, employers should immediately begin to review their business practices in light of this new standard. Please contact the authors if you have any questions about this latest development.

Tim Garrett, Member Bass, Berry & Sims tgarrett@bassberry.com www.bassberry.com

Hunter Yoches, Associate

Bass, Berry & Sims hunter.yoches@bassberry.com www.bassberry.com

GO CONFIDENTLY. Bass, Berry & Sims listens and responds with creative yet practical counsel. We stay on pace with the complex and rapidly evolving employment landscape, connecting your dynamic human resources needs to proactive strategies. Relationships, reliability, and respect – at the center of our Labor & Employment and Employee Benefits practices.

Stay up-to-date on the latest in HR Law. Visit our blog at bassberryhrlawtalk.com.

FIVE TOP TIPS for Living in Turbulent Times By TIM KECK

What you are about to read is controversial. What it isn’t, is political.

3. Seek the Truth

We will offer you some hard truths about where we are and what you can do. If you don’t want to delve into these tough topics, please stop reading right now. I don’t blame you. I didn’t even want to write this article.

There is more information available today, but less truth, than at any time in history. It is a strange and troubling dichotomy.

But our entire reason for existing is to keep you safe. Not just in your job, but in your life. We are a Threat Assessment and Management firm. That means we pay attention to what is going on to predict up-and-coming threats, and then work to de-escalate, mitigate, or eliminate them. Today, I am sharing things with you that we have shared with our clients: both corporations and high-net-worth individuals. We are going to get down in the weeds, but we will come out the other end with a plan and hope. 1. Accept the Truth About Our Situation Russia and Ukraine are at war with no end in sight. The world witnessed some of the most heinous crimes ever committed against civilians in the terrorist attacks in Israel. The Middle East is a powder keg. Our national debt is so unfathomably high that, at the time of this writing, every single household owes over a quarter of a million dollars – on top of all your credit cards, car payments, and home mortgage. There are literally millions of people from other countries crossing our borders. Not just Mexico or Central America, but places like the Middle East and China. Hundreds of the ones we caught are on the terror watch list. Hundreds. That we caught. Lastly, violent crime is out of control, especially in our major cities. More people see violence as an acceptable answer than ever before. The value of human life is at an all-time low in our country. One more thing. Please don’t doubt that everything I just told you is true. Everyone in our line of work knows it. Everyone in our government knows it. We have contacts who are “on the ground” in all these areas and they confirm every single thing I said. The reasons for these facts are not the purpose of this writing. The purpose is to help you see that these four issues indicate we are on a path that we don’t want to be on. What happens as war increases, worldwide debt rises even higher, and millions more people who don’t share our values pour in and violence expands exponentially? I’m not sure. But it isn’t good. 2. Do What You Can Do You can’t solve all these problems. But you can be a force for kindness and civility in your circle of acquaintances. You can serve others. You can vote. You can learn to be a peacemaker and de-escalate situations instead of throwing fuel on the fire like so many are doing. You can take care of your physical, mental, and emotional health and that of your family. You can do that. 30

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My encouragement here is that you shouldn’t believe anything you hear without evidence to back it up. Our world consists of soundbites and short videos that can be used to convince you of anything. You must dig deeper. The truth is hard to find but it can be found. You just must do the work. 4. Focus on What is Important Your family. Your friends. Your faith. Your work. Make sure to divide your energy among them according to their importance. In the long run, relationships will always trump accomplishments. Your calendar should reflect that. 5. Take Responsibility for Your Own Safety It’s not the cops or the security officer or your mom who is ultimately responsible for keeping you safe. It’s you. You’re the only one that’s with you 24/7, so it really must be you. The sooner you realize that the safer you will be. There are four things you should do right away to prepare for the future: •A dopt a survival mindset. Start believing you can and will survive any situation. Because believing it is half the battle. • Buy a water filtration kit. Just get a small filter or pump from a camping supply store so you can create safe water in an emergency. • Purchase a 30-90-day supply of freeze-dried food for every member of your family. The best day of your life is when you throw it away in 20 years because you didn’t need it. • Learn to protect yourself. Whether you begin with armed or unarmed protection principles matters less than you get started right away. Find someone competent in teaching combat skills. We even developed a methodology called Targeted Kinetics™ that has been very popular.

We live in turbulent times with the possibility of things getting much worse. You can’t control the big-picture outcomes, but you do have control over yourself. You can start right where you are today by following the five tips provided and be prepared to protect yourself should the occasion arise. And we are here to help. We want you and your people to both feel safe and be safe. Be the hero for your employees and get trained. Call 1-844-SAFEGROUP or safehavensecuritygroup.com today for vulnerability assessments, training, and consulting that keeps people safe. And remember, initial consultations are free.

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Questions to Guide

Strategic Benefits Decisions Why are Benefits Important? As most professionals are aware, employee benefits play an important role in retaining employees. According to a recent zippia.com survey, only about 65% of U.S. workers are happy with their jobs; down almost 24% from a 2017 SHRM survey that put that number closer to 89%. According to zippia, at least 26% want to leave their current job. The study cited higher compensation and higher meaning as playing key roles in engaging employees. A further breakdown in job satisfaction statistics included the following as being most important: Respect (72%), meaningfulness (35%), salary (20%), autonomy (18%), opportunity (15%) and recognition (12%). The benefits employees value most are health benefits (88%), vacation/PTO (82%), 401k, retirement, or pension plan (82%), and paid parental leave (70%). Not to be missed is the notable increase in desire for professional development benefits. Thus, a well-rounded benefits package that includes professional development support, flexible work options, and robust health & welfare benefits that rival those of an organization’s competitors could help with employee retention and recruitment by checking both the “compensation” and “meaning” boxes. 32

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What benefits do your employees consider most important?

In the 2022 SHRM Benefits survey we see the breakdown in importance of health-related benefits (fig 1). Our world has changed and the COVID-19 pandemic’s impact on employee benefits cannot be understated. Most notably, its effect can be seen in the increase in the prevalence of telemedicine or telehealth offerings (20% increase) and the offering of mental health coverage, which hit a new high of 91% of employers stating they offer the coverage. Why should you care? Your organization depends upon it! The top reason for increasing benefits was to remain competitive in the talent marketplace. A 2022 NFIB (National Federation of Independent Business) study noted that 55% of owners and recruiters admitted to struggling to find qualified applicants for positions they were trying to fill. Organizations need to focus on providing a competitive benefits package to retain and attract top talent or face obscurity. Without human capital, a business cannot grow, nor can it compete. And with the U.S. facing one of the most alarming labor crunches as 10,000 baby boomers will hit retirement age every day for the next 19 years, CREATIVE and AFFORDABLE benefits must be leveraged to help with common recruiting strategies.

Final Analysis In today’s competitive talent marketplace, it is imperative for organizations to make informed and strategic decisions about what benefits to offer as part of their total rewards strategy. The talent pool is shifting and by 2025 the baby boomers will have passed the baton to Millennials who are projected to make up about 75% of all workers. It is up to you and your Broker to understand this change and to know what the most important benefit trends are. Then you must decide what innovative strategies you can implement to provide offerings that will fit with your company culture so you can secure your organization’s talent needs; thereby, securing its future.

•

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EARNED WAGE ACCESS: Driving Financial Responsibility Through Pay Flexibility By DARLENE MIRANDA

hen evaluating an employer-sponsored benefit, the two critical questions that CHROs must address are whether the benefit will be helpful to their employees and whether they would have an interest

in signing up for it. A benefit that sounds good on paper may not have actual relevance in the real world. However, when it comes to earned wage access, there might not be a financial wellness benefit in your suite of offerings more relevant today. Inflation is lower than last year but still stubbornly high at about 3.1%. The cost of goods still seems to climb. In fact, the average American household must spend an additional $11,434 each year just to maintain the same standard of living they enjoyed in January of 2021, according to recent data. These additional financial pressures can easily lead your employees into a never-ending cycle of debt. Not surprisingly, as of the third quarter of 2023, American households carry over an astonishing $17.29 trillion in debt. As a result, HR leaders are continuously challenged to identify financial benefits and programs that will make a difference in their employees’ lives and help them avoid the dreaded debt trap. One such benefit that has proven successful in helping employees avoid falling under a mountain of debt is earned wage access. Earned wage access is an employer-offered benefit that empowers users with choice and control over their earned pay to pay bills on time and avoid costly late fees and interest charges. For a small fee or no fee at all, earned wage access users can access only the money they’ve earned instead of waiting for a scheduled payday. Earned wage access provides the flexibility that so many employees crave. Whether it’s flexibility in scheduling, workplace location, or timing of pay, employers are amending policies to meet the needs of their workforce. By offering enhanced flexibility and promoting greater work/life balance, employers are seeing a workforce that is more productive and engaged. Employers can empower their workforce to take control of their finances 34

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in the most responsible way. It also speaks to an employer’s commitment to supporting their team members on their path to financial wellness and independence. One of the questions some HR Professionals have is whether pay flexibility will be a positive for their employees or whether employees will act irresponsibly in between pay cycles. According to research from Arizent commissioned by DailyPay, 7 of 10 (69%) users who previously paid late fees do this less often or stopped completely since they started using earned wage access. Additionally, 62% of users who previously incurred credit card interest charges do this less often or stopped completely since they started using earned wage access. So not only are employees not acting less responsibly, but they are living better financial lives because of earned wage access. The data also shows that earned wage access has emerged as one of the most popular benefits. According to the aforementioned Arizent study, over 7 in 10 (73%) employers say earned wage access is important or a cornerstone to their financial wellness benefits, with nearly all (93%) saying earned wage access provides a valuable addition to their suite of benefits. More than half (55%) of employers say earned wage is among the top 3 benefits employees engage with. As we emerged from the global pandemic, employee expectations have changed. Flexibility in the workplace has been prioritized, enabling employees to strive for a better work/life balance. Employers can support this flexibility with benefits that can make a real difference in their employees’ lives. It can begin with flexibility in the timing of pay with earned wage access.

Darlene Miranda

VP Customer Engagement & Advocacy DailyPay Darlene.miranda@dailypay.com www.dailypay.com

Hard work pays off on the daily. Get access to your pay when you want it.

SHRM Field Services Team Serving the Southeast

Mary Cheddie, SHRM-SCP Divisional Director East

SHRM’s Field Services Team The Field Services Team acts as a liaison between SHRM and our professional and student members and volunteers by: • Answering questions about membership, certification and other SHRM strategic initiatives • Assisting professional and student chapters remain affiliated • Providing guidance regarding affiliate operations • Attending state council, regional council and other affiliate meetings

• Participating in state and regional conferences • Acting as a speaker at chapter meetings, state conferences, and other events as available; • Promoting SHRM member benefits • Assisting in the recruitment and retention of members • Supporting potential chapters in becoming affiliated

For staffing purposes, SHRM is divided into two divisions: East and West. Each division is led by a Divisional Director, supported by a Member Engagement Associate, and staffed by a team of Field Services Directors.

Southeast Field Services Directors Field Services Directors (FSDs) assist in development of SHRM's membership strategy. Provides leadership and accountability for the field execution of affiliate programs, including special focus on relationship management with state/regional councils, professional chapters, student chapters, student advisors and schools.

Monique Akanbi, SHRM-CP Field Services Director for Alabama, Georgia, Mississippi, Tennessee

Dianna Sporcic, SHRM-SCP Field Services Director for Florida, North Carolina, South Carolina

Faith Stipanovich, SHRM-SCP Field Services Director for Kentucky

Mary Augustin, SHRM-SCP Field Services Director for Arkansas, Louisiana, and Texas. Mary is part of the West Team and reports to Art Gloria, Divisional Director West

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What Is In Store For Employers Under The EEOC’s Proposed Enforcement Guidance? By DALE CONDER JR.

2017, the EEOC proposed guidance updates for workplace harassment. These proposed guidelines were never finalized. Since 2017, the workplace has seen a lot of changes. And the 2023 proposed updates are written to

address changes such as the #MeToo movement or virtual harassment, and the Supreme Court of the United States’ opinion in Bostock v. Clayton County. The EEOC posted the proposed guidance at the end of September 2023, and public comment closed on November 1, 2023. If the guidance is not interrupted by law suits, it will be effective in early 2024.

#MeToo Movement Following the Harvey Weinstein verdict and as a result of the #MeToo movement, an AP poll found that people are more willing to call out misconduct. According to the poll, thirty-five percent of Americans consider sexual misconduct to be an “‘extremely’ or ‘very’ serious problem in the workplace.” Forty-seven percent consider sexual misconduct to be a “‘somewhat’ serious problem.” These findings are one motivation for the EEOC pursuing new guidance.

The virtual workplace Since COVID-19 many employers began using the virtual workplace, and many employees still use the virtual workplace. Can harassment occur through the virtual world? Yes! Although you might think that what is in your house or on your walls is “your business,” this changes if you are participating in a virtual meeting for work. For example, you might have art work on your wall that can reasonably be interpreted as sexist or racist or hostile to a particular religion. A co-worker who interprets it as sexist or racist or hostile to a particular religion, might complain to a supervisor about a hostile work environment. It could be books or magazines that are visible. This is not new. These situations could also create a hostile work environment in the brick-and-mortar workplace if displayed. Virtual meetings might change whether you wear shoes to work or to a virtual meeting, but you should otherwise treat the virtual workplace as if you put on shoes and drove to the office. 38

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Protections for LGBTQ+ employees In 2020, the Supreme Court decided Bostock v. Clayton County, a companion case, and a third case that raised the same question: Does Title VII’s prohibition of discrimination “because of sex” prohibit discrimination on the basis of sexual orientation and gender identity? In the majority opinion, written by Justice Gorsuch, the Court held that Title VII’s prohibition of discrimination “because of sex” prohibits discrimination based on sexual orientation and gender identity. Justice Gorsuch explained that an employer who is fine with employees who are attracted to persons of the opposite sex, but fires a gay or transgender employee has acted “because of sex.” The Court interpreted the words in the statute, and not what some member of the U.S. Congress thought the words meant in 1964. In the proposed guidance, the EEOC says that Title VII applies to misgendering, that is, the “intentional and repeated use of a name or pronoun inconsistent with the individual’s gender identity (misgendering).” This declaration by the government, might violate one’s First Amendment rights to free-speech and free-exercise of religion. Meriwether v. Hartop, 992 F.3d 492 (6th Cir. 2021). In Meriwether, the Sixth Circuit held that a public university’s mandate that professors use students’ preferred pronouns and the ensuing discipline, violate the professor’s free-speech and free-exercise rights protected by the First Amendment. It is significant that the professor worked for a public university. The Constitution, except for the Thirteenth Amendment, limits the government not private entities. Private employers can adopt a policy like the university’s policy, and enforcing it will not violate the First Amendment.

Title VII and other anti-discrimination laws protect employees from discrimination based on decisions related to pregnancy. Not only does Title VII prohibit sexual-orientation and genderidentity discrimination, it also prohibits harassment based on decisions involving pregnancy. The protection from pregnancy-related harassment includes decisions about contraceptive use, abortion decisions—whether to have an abortion or not—pregnancy related medical decisions and conditions, and lactation-related matters.

Discrimination because of religion, race, or national origin This anti-discrimination provision applies even if the harasser’s perception is wrong. For example, a co-worker thinks a fellow worker is “an Arab,” but the perception is wrong. Based on his wrong perception, the harasser makes harassing and discriminatory comments as if his fellow worker is Arab. The fellow worker is from India and sues under Title VII. The employer moves to dismiss the case because the harasser’s perception was wrong. Although several courts have held that the misperception does not save the employer, there a few that have held Title VII does not apply to discrimination based on a misperception. The best way to handle this is to treat it as if the majority of courts are right.

her religion’s view of proselytizing. This can quickly lead to a harassing or discriminatory situation. If Ted complains to the supervisor, the supervisor needs to investigate the matter and take the necessary steps to stop Cindy’s zealousness.

What should you do in light of the proposed new guidance? The first step is to review the guidance and your HR policies. Where your policies conflict with the new guidance, you should start the process of reevaluating your policies. The new guidance has resources to help employers evaluate their policies to come into compliance.

And discrimination can be based on more than one protected characteristic. For example, in the situation described above, the harasser thinks the fellow worker practices Islam, when, in fact, the fellow worker practices the Hindu religion. In his confusion, the harasser makes harassing comments critical of Islam. It is still discriminatory conduct based on national origin and religion. Title VII requires employers to accommodate sincerely held religious beliefs, practices, and observances to the extent this does not create a hostile work environment. For example, Cindy tries to persuade her co-worker Ted that he should join her religion. Ted simply tells Cindy that he is fine with his current religion or non-religion. If Cindy stops, there is no problem. But Cindy persists because of her understanding of

Mr. Conder is a Member of Rainey, Kizer, Reviere & Bell, P.L.C., and has been associated with the firm since receiving his Doctor of Jurisprudence, with honors, in 1992 from the University of Tennessee College of Law. Mr. Conder has significant experience in the areas of employment law (representing employers only) and federal civil rights litigation. He also has significant experience in appellate advocacy. Mr. Conder has represented a number of police departments and municipalities in 42 U.S.C. § 1983 litigation. Mr. Conder is a member of the firm’s Tort and Insurance Practice Group and the Employment Law Practice Group. He also serves as the firm’s ethics partner.

T H E ST R E N GT H O F E X P E R I E NC E As the issues facing employers and HR professionals become more frequent, challenging, and complex each year, you need a law firm that provides advice for your specific organization. For over 45 years, Rainey Kizer Reviere & Bell has advised businesses, non-profit organizations, and governmental agencies in all aspects of employment law. To learn how we can assist your organization, please contact us at 731.423.2414. TENNESSEE MEMPHIS • MARTIN • JACKSON • NASHVILLE • CHATTANOOGA

Tennessee and Kentucky do not certify specialists in the area of employment law. Attorney Advertisement

KE N TU CKY FULTON r a i n e y k i z e r. c o m www.HRProfessionalsMagazine.com

SHRM State Council Government Affair Directors in the Southeast

Alabama SHRM Government Affairs Director

Brandi McKinney, SHRM-SCP, SPHR

Kimberly Boulahanis, SHRM-CP, PHR

HR Florida Director Legislative Affairs (State)

SHRM Georgia Government Affairs Director

Dee Anna Hays, ESQ

HR Florida Director Legislative Affairs (Federal)

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J. Edward Enoch, Esq

Kentucky SHRM Legislative Affairs Director

Louisiana SHRM Legislative Activities Director

Mississippi SHRM Government Affairs Director

North Carolina Government Affairs Director

Summer Lindsey, SHRM-CP, PHR

Dan Baker, Esq

Jay Stovall, Esq

Cheryl Jeffries, SHRM-SCP, SPHR

Texas SHRM

Tennessee SHRM Government Affairs Director Fred Bissinger, Esq

Co-Director, Legal & Legislative and

Austin SHRM

VP Legal and Legislative Sarah Glaser, Esq www.HRProfessionalsMagazine.com

ast l s rater y 15! d r i a ly bFebr u r a E ntil u

Registration is now open for ELLA 2024! Please join us on April 11-12, 2024, at the Doubletree Hotel and Robinson Center in Little Rock for the Arkansas SHRM Employment Law & Legislative Affairs Conference!

Your ELLA 2024 committee is hard at work preparing a great conference! Please visit ella.arshrm.com for updates on speakers and topics.

Want to position your organization in front of hundreds of Arkansas employers and HR professionals? Being a sponsor at the ELLA Conference is the perfect opportunity! Contact us at ellasponsors@arshrm.com

Presenting sponsor

3 Ways to Reframe Failure at Work By HARVEY DEUTSCHENDORF

“I have not failed. I’ve just found 10,000 ways that won’t work.” —Thomas Edison “You miss 100% of the shots you don’t take…” —Hockey Superstar Wayne Gretzky At the time that he struggling to invent the light bulb Edison was derided and ridiculed by the media as a great failure. The quote above was Edison’s response to a reporter asking him why he persisted and didn’t give up. Like many successful people whose work impacted the world before and after him, Edison had been able to reframe failure to his advantage. Rather than see it as a disadvantage, or obstacle, he was able to see the value in it. We will be hard pressed to find anyone who has made major contributions to our world, who got it right the first time. Instead, we will find a trail of setbacks, missteps, dead ends, and detours that finally lead them to the achievements that are so visible. The first step in reframing failure is to look for the opportunity within it. What does it tell us about our work, ourselves, and those we are working with. If we are looking for opportunities to continuously learn we will discover aspects of what doesn’t work in all our failures that will, as they did with Edison, lead us closer to what will ultimately work. Instead of looking at it strictly as a failure, consider thinking of it as an experiment that gave us valuable information which we can draw upon to move forward. As well as an experiment, we can view failure as a transition time or period that we are required to go through. “Thinking of failure as part of the process normalizes the experience and makes it an expectation, rather than an exception,” says Dr. Melanie McNally, a psychologist and author of The Emotionally Intelligent Teen. It can also be looked at as a time to build new skills and make connections with like minded colleagues and leaders at your workplace.

who are willing to go beyond what they are already know and do will be valued, encouraged, and rewarded. If we are in stagnant organizations that are tied to the status quo, we will feel frustrated and come to the realization that we are in the wrong environment. This wall helps us move towards making changes that we need to find a workplace that will meet our need to challenge ourselves and grow. Another way we can view failure is as a step to us developing our creative, problem-solving side. By examine what didn’t work, we can expand our imaginations and thinking processes. The best way to learn is by doing and the more and different things we attempt to do, the more we set ourselves up for learning. Psychologist, author and educator, Martin Seligman, one of the proponents of the Positive Psychology Movement did some ground-breaking work on optimism. He discovered that optimists view setbacks differently from pessimists. Optimists see setbacks as temporary, and don’t take them personally. They don’t see them as an indication there is something wrong with them. Viewing failures in this manner can help build our optimism. “Developing our emotional intelligence, in particular the competencies of Self-Awareness and Self-Management enable us to build our resilience, our ability to ‘bounce back’ and our ability to reframe setbacks to learning opportunities.” Debbie Muno, Managing Director Genos North America https:// www.genosnorthamerica.com/

“Anyone who has never made a mistake has never tried anything new” —Albert Einstein Having tried and failed means we had the courage to try something new. Since there are few, if any, new endeavours that have guarantees of success, we are stepping out of our comfort zones, building our resilience. “We get more and more resilient each time we try something new, regardless of whether it works out. We’re expanding our capacity to tolerate discomfort, which causes our comfort zone to get bigger,” says Dr. McNally. If we need motivation to keep going after a setback, we simply must think of all the well-known people and the setbacks that they endured before finally reaching their goal. “In my new book, Emotionally Intelligent Game Changers: 101 Simple Ways to Win at Work + Life, www.theotherkindofsmart.com, I share tips about how to overcome setbacks and use them as building blocks towards success.” Organizations that encourage and reward new ideas and risk taking, attract those

Harvey Deutschendorf is an emotional intelligence

expert, internationally published author and speaker. To take the EI Quiz go to theotherkindofsmart.com. His book THE OTHER KIND OF SMART, Simple Ways to Boost Your Emotional Intelligence for Greater Personal Effectiveness and Success has been published in 4 languages. Harvey writes for FAST COMPANY and has a monthly column with HRPROFESSIONALS MAGAZINE. You can follow him on Twitter @theeiguy. www.HRProfessionalsMagazine.com

IS YOUR STRATEGIC PLAN FUTURE-PROOF?

A plan without a goal is just a wish As an HR professional you play an essential role in building a plan to attain the culture and competencies your organization is striving for over the next year. Join us in Chicago June 2326 for the SHRM Annual Conference & Expo to deepen your understanding of strategic HR.

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